TERMS OF USE
Last updated January 29, 2019 (effective date)
1. Agreement Generally; Acceptance. These “Terms of Use” (the “Agreement” or “Terms of Use”) are between you and the Mind Science Foundation (“MSF,” “we,” “us,” “our”). “You” means you personally. If you are acting for an entity, “you” means you personally and the entity on whose behalf you are acting. In the event you are acting for an entity, you represent and warrant that you are authorized to so act for such entity. This Agreement sets forth the terms and conditions upon which we make available www.mindsciencefdn.wpengine.com and its contents and offerings to you (the “Site”). Please note these Terms of Use govern only the Site, not any other Website generally. By accessing or using this Site, you are agreeing to these Terms of Use for the Site.
Please note that, by accepting the Terms of Use, you are agreeing that disputes relating to the Terms of Use and/or us shall be subject to arbitration in San Antonio, Texas, on an individual and non-class basis as set forth in Sections 14 and 15. Please review Sections 14 and 15 and all of the provisions of the Terms of Use. NOTWITHSTANDING ANY OTHER AGREEMENTS OR TERMS OF USE BETWEEN YOU AND US, OUR LIABILITY AND THAT OF OUR AFFILIATES FOR INJURY ARISING OUT OF THE SITE SHALL BE LIMITED IN ACCORDANCE WITH SECTION 9, INCLUDING BUT NOT LIMITED TO SECTION 9(e). PLEASE REVIEW SECTION 9 AND ALL THE PROVISIONS OF THESE TERMS OF USE.
You have read and agree to the Privacy Policy located at [LINK]. PLEASE READ THESE TERMS OF USE CAREFULLY.
2. Modifications to Terms of Use. You agree to review the Terms of Use prior to each use of the Site. You agree that we may modify the Terms of Use and that such modification shall become effective immediately upon posting of the modified Terms of Use to the Site. If you do not accept the modifications, then you must cease using the Site. The modified Terms of Use will contain the date of posting at the top of the first page.
3. Permission to Use the Site; Limitations on Use of the Site. Subject to your acceptance and while you remain in compliance with the Terms of Use, we grant you a limited, revocable, non-exclusive, non-transferable license to use the Site solely and exclusively for your own personal use and not for any other purpose. This license is solely and exclusively for your benefit. All other uses of the Site are prohibited.
4. Account Registration, Password, and Security.
a. When the Site allows you create login credentials, such credentials may be used only by you and only while the license is in effect. Under no circumstances will you share your login credentials with any other person or entity. You are responsible for all use of the Site that occurs under your account, and you agree to notify us of any unauthorized access of which you become aware. We reserve the right to take such action in our discretion to help ensure the security of the Site, including, without limitation, terminating an account. WITHOUT LIMITING THE FORCE OF ANY OTHER DISCLAIMERS HEREIN, YOU ARE RESPONSIBLE FOR ANY PERSON USING OR ENTERING INFORMATION IN THE SITE UNDER YOUR CREDENTIALS OR AUTHORITY AND ARE RESPONSIBLE TO AND FOR ANY PERSONS RELYING ON THE SITE. YOU ARE SOLELY RESPONSIBLE FOR ERRORS AND OMISSIONS IN THE ENTRY OF ANY INFORMATION AND FOR REVIEWING AND, AS NECESSARY, CORRECTING SUCH INFORMATION AND FOR ANY ACTIONS OR CONSEQUENCES RESULTING FROM THE ENTRY OF SUCH INFORMATION.
b. NOTWITHSTANDING THE ABOVE, WE MAY RELY ON THE AUTHORITY OF ANYONE ACCESSING YOUR ACCOUNT OR USING YOUR PASSWORD, AND IN NO EVENT, AND UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE TO YOU FOR ANY LIABILITIES OR DAMAGES ARISING OUT OF (I) ANY ACTION OR INACTION OF MSF UNDER THIS PROVISION OR (II) ANY COMPROMISE OF THE CONFIDENTIALITY OF YOUR ACCOUNT OR PASSWORD OR ANY UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR USE OF YOUR PASSWORD EXCEPT THAT THE DISCLAIMER, IN THIS PARAGRAPH, SHALL NOT APPLY TO THE EXTENT SUCH COMPROMISE, ACCESS, OR USE IS CAUSED SOLELY BY MSF’S BREACH OF THE EXPRESS TERMS OF THIS AGREEMENT OR ITS VIOLATION OF LAW, AS PROVIDED BY CLEAR AND CONVINCING EVIDENCE. YOU MAY NOT USE ANYONE ELSE’S ACCOUNT AT ANY TIME.
5. Transactions. MSF sells membership packages and event tickets through the Site. If you wish to purchase any membership package or event ticket made available through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to MSF the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. The Site will provide a list of total costs for each of your Transactions, which are valued in terms of U.S. Dollars.
All descriptions, images, references, features, content, specifications, products, and prices of membership packages and event tickets described or depicted on the Site are subject to change at any time without notice. The inclusion of any membership packages or event tickets on the Site does not imply or warrant that these membership packages or event tickets will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any membership package or event ticket purchased from this Site. By placing an order, you represent that the membership package or event ticket ordered will be used only in a lawful manner. MSF reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
All Sales are final. Except for cancelled events, you will not receive a refund for completed purchases. You cannot change or cancel any orders after the Transaction is complete. If you are not fully satisfied with your Transaction, please contact us via email at mgood@mindscience.org, by calling us at (210) 821-6094, or by mailing us at Mind Science Foundation, 117 W El Prado Drive, San Antonio, TX 78212.
6. Prohibited Activity. You will not: (a) access or attempt to access the Site or any part thereof that you are not authorized to access or through any means that you are not authorized to use; (b) disrupt or interfere with the security of, or otherwise cause harm to the Site, systems, resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked websites or access or use the Site in any manner that could damage, disable, overburden, or impair any server or network used by us in connection with the Site; (c) use the Site to transmit any information of a sensitive nature, such as health information, social security numbers, credit card numbers (other than, as strictly allowed), or any other information that, if generally exposed, could lead to identity theft, financial fraud, embarrassment, or other harm; (d) use the Site in any manner that infringes upon or violates any intellectual property rights or other rights or interest of any party or otherwise constitutes pornography, defamation, harassment, bullying, predatory behavior, false and deceptive advertising, or hate speech; (e) submit any software, programs, or files via the Site that are harmful or disruptive of another’s equipment, software, or other property, including any corrupted files, time bombs, Trojan Horses, viruses, and worms; (f) disrupt, interfere with, or inhibit any other user from using and enjoying the Site or other websites; (g) violate any applicable laws or regulations related to the access to or use of the Site, and/or engage in any activity prohibited by the Terms of Use; (h) compile, use, download, or otherwise copy any materials available on the Site (except as expressly permitted), or transmit, provide, or otherwise distribute (whether or not for a fee) such materials to any third party; (i) use, or allow anyone else to use, any robot, spider, or other such programmatic or automatic device, including but not limited to automated dial-in or inquiry devices, to obtain information from the Site or otherwise monitor or copy any portion of the Site; (j) frame, mirror, or use framing techniques on any part of the Site without our express prior written consent; (k) make any use of, or allow anyone else to make any use of, data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing the Site, or any portion thereof, or otherwise scrape, collect, store, or use the Site, except pursuant to the limited license granted by the Terms of Use; (l) modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site; or (m) remove any copyright, trademark, or other proprietary rights notice from the Site. These examples of prohibited conduct are illustrative and are not exhaustive.
TO THE MAXIMUM EXTENT AUTHORIZED BY LAW WE RESERVE THE RIGHT, BUT DISCLAIM ANY OBLIGATION WHATSOEVER, TO MONITOR OUR SITE AND YOUR COMPLIANCE WITH THIS SECTION AND WITH THE TERMS OF USE AS A WHOLE.
7. Intellectual Property.
a. You acknowledge that as between you and us, we own all right, title and interest, including all intellectual property rights, in and to the Site (whether as of the Effective Date of these Terms of Use or at any time in the future), and you hereby disclaim any interest. All content included in or made available through MSF, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of MSF or its content suppliers. The compilation of all content included in or made available through MSF is the exclusive property of MSF. We expressly reserve all rights not explicitly granted.
b. Our trademarks may not be used in any manner (including in “meta-tags” or “hidden text”) without our prior written approval. All content included on the Site, such as text, graphics, images, audio clips, video, data, music, software, and other material is owned or licensed property by us or our suppliers or licensors and is protected by copyright or other proprietary rights. Any unauthorized use of these materials may violate trademark, copyright, patent, or other laws and is prohibited.
c. Any person accessing the Site acknowledges and understands that the use and/or depiction of any trademarked logos on the Site by MSF are being used and/or depicted with the express permission of those entities owning the trademark. Any unauthorized use of these materials may violate trademark, copyright, patent, or other laws and is prohibited.
8. Copyright Infringement. We respect the intellectual property rights of others. It is our policy to terminate the access privileges of those who repeatedly infringe the copyrights of others. If any person or entity believes that such party’s work has been posted on the Site in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that the party claims has been infringed, and identification of the URL or other specific location on the Site where the material that the party claims is infringing is located; (c) the party’s address, telephone number, and email address; (d) a statement by the party that such party has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement by the party, made under penalty of perjury, that the above-listed information in the notice is accurate and that the party the copyright owner or authorized to act on the copyright owner’s behalf. Please note, by submitting a copyright infringement notification or other communication (including communications about content stored on or transmitted through the Site) you consent to have that communication forwarded to the person or entity who stored or transmitted the content addressed by your communication, in order to facilitate a prompt resolution. However, the DMCA Infringement notification (including any personal identifying information set forth in the Notifications) will be forwarded as submitted to us without any deletions.
Our full name and street address is The Mind Science Foundation, 117 W El Prado Drive, San Antonio, Texas 78212. We list, immediately below, the name and address of our designated agent for copyright infringement issues. Our designated agent for notice of copyright infringement can be reached at:
Agent: The Mind Science Foundation
Meriam M. Good
117 W El Prado Drive
San Antonio, TX 78212
United States
mgood@mindscience.org
9. Representations and Warranties; Disclaimer.
a. YOU AGREE AND ACKNOWLEDGE FOR MSF’S BENEFIT AND THE BENEFIT OF WPENGINE (THE “WEBSITE OPERATOR”) THAT USE OF THE SITE, INCLUDING BUT NOT LIMITED TO ANY AND ALL TECHNOLOGIES, TOOLS, CONTENT, INFORMATION, MATERIALS, PRODUCTS, AND SERVICES IS WITHOUT WARRANTY OF ANY KIND AND THAT THE ACCESS TO AND USE OF THE SITE, AS PROVIDED UNDER THE TERMS OF USE, IS PROVIDED “AS IS AND WHERE IS.” ALL WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES BASED ON CUSTOM AND PRACTICE. APPLICABLE LAW MAY NOT ALLOW THE ABOVE EXCLUSION OF IMPLIED WARRANTIES, SO THE EXCLUSION MAY NOT APPLY TO YOU AND SHALL APPLY ONLY TO THE MAXIMUM EXTENT ALLOWED BY LAW.
b. WE DO NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
c. WE DO NOT MAKE ANY REPRESENTATIONS, AND AFFIRMATIVELY DISCLAIM ANY SUCH WARRANTIES AND REPRESENTATIONS, REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MSF DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF ANY RECORD OR DOCUMENT GENERATED BY THE SITE.
d. YOU UNDERSTAND AND AGREE THAT THE ALL DISCLAIMERS ARE MADE FOR OUR BENEFIT AND THE BENEFIT OF THE WEBSITE OPERATOR.
e. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, MSF, WEBSITE OPERATOR, MSF’S AND WEBSITE OPERATOR’S AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, AGENTS REPRESENTATIVES, SERVICE PROVIDERS, DIRECTORS, LICENSORS AND SUPPLIERS (WEBSITE OPERATOR AND SUCH OTHER INDIVIDUALS AND ENTITIES INDIVIDUALLY AND COLLECTIVELY REFERRED TO AS “MSF-RELATED PARTIES”) WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PARTY UNDER OR IN CONNECTION WITH THIS TERMS OF USE OR FOR ANY ACTIVITY RELATED TO THE SITE, WHETHER UNDER CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, FOR ANY AMOUNT IN EXCESS OF THE LESSER OF $150 OR THE ACTUAL, DIRECT DAMAGES INCURRED IN CONNECTION WITH THE ACTIVITY GIVING RISE TO THE CLAIM. ADDITIONALLY, MSF-RELATED PARTIES WILL NOT BE LIABLE FOR INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, OR LOST PROFITS. TO THE EXTENT APPLICABLE LAW DOES NOT PERMIT THIS LIMITATION ON LIABILITY AND DAMAGES, MSF’S LIABILITY AND EXPOSURE TO DAMAGES WILL BE LIMITED TO THE MAXIMUM EXTENT ALLOWED BY LAW.
f. ANY LINKS TO THIRD-PARTY WEBSITES FOUND WITHIN THE SITE ARE PROVIDED SOLELY AS AN ADDED CONVENIENCE TO YOU. YOU SHOULD ASSUME THAT MSF HAS NOT REVIEWED THE CONTENTS OF THESE THIRD-PARTY WEBSITES. MSF DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT OR SUITABILITY OF THESE THIRD-PARTY WEBSITES. MSF MAKES NO WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, OF THE ACCURACY, QUALITY, RELIABILITY OR ETHICALITY OF ANY INFORMATION CONTAINED AT THE OTHER SITES TO WHICH MSF LINKS AND ASSUMES NO RESPONSIBILITY FOR ANY INFORMATION, ADVICE, OR SERVICES PROVIDED BY ANY SITE.
g. The appearance of external hyperlinks generated by third parties does not constitute endorsement by us or our affiliates of any content of the linked third party website, and we do not verify or take responsibility for the accuracy, currency, completeness, or quality of the content contained on these sites. Therefore, neither MSF nor its affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained on these sites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY THIRD PARTY CONTENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH CONTENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
10. Submissions. By submitting any comment, idea, suggestion, response to questionnaires, or other material to the Site, you grant MSF a perpetual, non-exclusive, fully-paid, royalty-free, irrevocable, sub-licenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute, and create derivative works of such material or information submitted in any media, software, or technology of any kind now existing or developed in the future. By providing any such material or information, you represent and warrant that public posting and use of such material or information by MSF will not infringe on or violate the rights of any third party.
11. Indemnification. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS FROM AND AGAINST ANY CLAIMS ARISING FROM YOUR USE OF THE SITE (EXCEPT FOR CLAIMS RESULTING DIRECTLY FROM OUR VIOLATION OF LAW OR TORTIOUS CONDUCT), INCLUDING BUT NOT LIMITED TO, ANY CLAIM ARISING FROM ANY BREACH BY YOU OF ANY REPRESENTATION, WARRANTY, OR OTHER TERM OF THE TERMS OF USE OR VIOLATION OF LAW.
12. Taxes and Raffles. If there are taxes, other governmental charges or any other fees associated with Your use of the Site related to raffles (a means of raising money by selling numbered tickets, one or some of which are subsequently drawn at random, the holder or holders of such tickets winning a prize), or other financial transactions on the Site, these will be Your responsibility to pay. You should consult Your tax adviser on any potential taxes or tax effects related to the raffle made through the Site.
If a raffle occurs, You agree that You understand and comply with all federal, state, and local regulations that apply to raffles and the sale of raffle tickets through our Site. You further agree that You shall indemnify, defend, and hold MSF, its subsidiaries, affiliates, officers, employers, directors, shareholders, predecessors, successors in interest, and/or other agents, harmless from and against any claim, demand, suit, cause of action, proceeding, loss, liability, damage or expense (including reasonable attorney fees) arising out of or related to raffle activities.
13. Notice for California Residents. Under California Civil Code Section 1789.3, we provide the following consumer rights notice: (a) we are located at 117 W. El Prado Drive, San Antonio, TX 78212; (b) all charges made through the Site are for the purchasing of memberships and/or tickets to events; and (c) if you have a question or complaint regarding this Site or MSF’s services, please send an email to mgood@mindscience.org. You may also contact us by writing to the address listed above, or by calling us at (210)821-6094. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
14. Arbitration.
a. In the event a dispute arises between you and MSF, you and MSF agree to first contact each other by notice as provided in Section 22, and in such notice provide a written description of the problem, all relevant information and documents, and a proposed resolution. You and MSF will make good faith efforts to resolve the matter through discussion. If, after thirty (30) days, you and MSF are unable to resolve the dispute, after such good faith negotiations, the dispute may be referred to binding arbitration at the election of either party, in accordance with this Section and the Terms of Use.
b. IN AGREEING TO THE TERMS OF USE, AND BY USING THE SITE, YOU AGREE THAT ANY CLAIM, DISPUTE, OR CONTROVERSY, WHETHER BASED IN LAW OR EQUITY, BETWEEN YOU AND MSF, ARISING FROM OR RELATING TO (I) USE OF THE SITE, INCLUDING TO CONDUCT TRANSACTIONS BY OR THROUGH THE SITE, OR (II) THE APPLICATION, INTERPRETATION, CONSTRUCTION, ENFORCEABILITY, ENFORCEMENT, FORMATION OR VALIDITY OF THE TERMS OF USE OR PRIVACY STATEMENT, INCLUDING BUT NOT LIMITED TO A CLAIM THAT ALL OR PART OF THIS TERMS OF USE IS VOID OR VOIDABLE SHALL BE RESOLVED (IF NOT SETTLED INFORMALLY) EXCLUSIVELY THROUGH BINDING ARBITRATION BY A SINGLE ARBITRATOR WHOSE AWARD (DECISION) WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL AS MAY BE ALLOWED UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR’S AWARD. AGREEING TO BINDING ARBITRATION MEANS THAT NEITHER YOU NOR MSF WILL HAVE THE RIGHT TO LITIGATE A CLAIM SUBJECT TO THESE TERMS OF USE IN A COURT OR HAVE A JURY TRIAL ON THAT CLAIM AND YOU AND MSF HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL.
c. All arbitrations will be conducted before a single arbitrator and in accordance with the Commercial Arbitration Rules, including, where “you” are an individual and as applicable, the American Arbitration Association’s (“AAA”) Commercial Rules then in effect, except to the extent that such Rules are inconsistent with these Terms of Use, in which case the Terms of Use shall control. AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration shall be held at a location determined by AAA in San Antonio, Texas, or at such other location as may be mutually agreed upon by you and MSF. The arbitrator chosen shall be an impartial and knowledgeable neutral third party. Disputes shall be resolved by documents and without in-person or telephonic hearings, except that either party may require a telephonic hearing or, as may be acceptable to the arbitrator, require hearings in the form of a digital/video conference if such digital/video conferencing does not add materially to the cost of a telephonic hearing. Without limiting further authority of the arbitrator as set forth in the rules, in the event the arbitrator determines that the claim at issue in the arbitration is frivolous or completely without merit, the party asserting the frivolous or non-meritorious claim shall be responsible for all costs associated with the arbitration.
15. Class Action Waiver. YOU AND MSF EACH IRREVOCABLY AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
16. Injunctive Relief. Notwithstanding anything to the contrary, MSF will have the right to seek injunctive or other equitable relief in state or federal court located in Texas to enforce these terms or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.
17. Limitations of Actions. WITHOUT LIMITING THE EFFECT OF ANY DISCLAIMER CONTAINED HEREIN, ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.
18. Choice of Law. This arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 to -16 (“FAA”), applicable federal law, the laws of the State of Texas without regard to principles of conflict of laws, and the Terms of Use (including without limitation, limitations on liability and damages). Subject to the foregoing sentence, this Agreement shall be governed and interpreted in accordance with the substantive law of the State of Texas without regard to its conflict of law provisions. The Uniform Computer Information Transactions Act, as enacted in any Commonwealth or State of the United States, shall not apply to this Agreement to the maximum extent applicable law allows.
19. Language. The Terms of Use has been written in the English language, and you agree that this English language version will govern your use of the Site, dispute proceedings, and the other matters described in the Terms of Use.
20. Force Majeure. We shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond our reasonable control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, or natural disasters.
21. Assignment. You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise, without our prior written consent. Notwithstanding the foregoing, we may freely assign the Terms of Use, and the rights and obligations therein, without your consent, including but not limited to, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Subject to the foregoing, the Terms of Use shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
22. Notice and Electronic Communications. Except as otherwise expressly specified in the Terms of Use, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given only upon: (a) personal delivery; (b) the fifth business day after mailing; (c) the first business day after sending by email; or (d) the second business day after being sent by internationally-recognized overnight courier. Notices must be addressed as follows: if to us, to 117 W. El Prado Dr., San Antonio, TX 78212 and for notices permitted to be sent via email, to mgood@mindscience.org; and, if to you, to the email address that you have provided us. It is agreed that all agreements, notices, disclosures, and other communications provided in accordance with the Terms of Use satisfy any legal requirement that such communications be in writing. It is agreed that a printed version of this Terms of Use and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
23. Entire Agreement. This Agreement, including the documents incorporated herein by reference, is the entire understanding and agreement between MSF and you with respect to the subject matter hereof.
24. Miscellaneous. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. In the event that any provision of this Agreement is found to be invalid or unenforceable, this Agreement shall be construed in accordance with its terms as if the invalid or unenforceable provision was not contained therein. No delay or failure by MSF to enforce any provision of this Agreement shall be a waiver of any of our rights under this Agreement.